Senator Walker proposes the following amendment (SMIN-52.MW0014S):
Amend the bill, as and if amended, SECTION 1, by striking Section 56-5-2930(A)(2), (3), and (4) and inserting:
(2) for a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not less than five days nor more than one year. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than two thousand five hundred dollars nor more than five thousand five hundred dollars and imprisonment for not less than thirty days nor more than two years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than three thousand five hundred dollars nor more than six thousand five hundred dollars and imprisonment for not less than ninety days nor more than three years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. A person convicted of a second offense, in addition to carrying the automobile insurance required by Section 38-77-140, must secure an additional surety written in the amount of three hundred thousand dollars to be maintained for a period of three years. Proof of such policy must be submitted by the insurer to the Department of Motor Vehicles in the form of an SR-22 in order for the person's appropriate driving privileges to be reinstated; or(3) for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars, and imprisonment for not less than sixty days nor more than three years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than five thousand dollars nor more than seven thousand five hundred dollars and imprisonment for not less than ninety days nor more than four years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than seven thousand five hundred dollars nor more than ten thousand dollars and imprisonment for not less than six months nor more than five years. However, the fine imposed by this item must not be suspended in an amount less than two thousand one hundred dollars. A person convicted of a third offense, in addition to carrying the automobile insurance required by Section 38-77-140, must secure an additional surety written in the amount of three hundred thousand dollars to be maintained for a period of three years. Proof of such policy must be submitted by the insurer to the Department of Motor Vehicles in the form of an SR-22 in order for the person's appropriate driving privileges to be reinstated; or
(4) (3) for a fourth third or subsequent offense, by imprisonment for not less than one year nor more than five years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by imprisonment for not less than two years nor more than six years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by imprisonment for not less than three years nor more than seven years. A person convicted of a fourth or subsequent offense, in addition to carrying the automobile insurance required by Section 38-77-140, must secure an additional surety written in the amount of five hundred thousand dollars to be maintained for a period of three years. Proof of such policy must be submitted by the insurer to the Department of Motor Vehicles in the form of an SR-22 in order for the person's appropriate driving privileges to be reinstated.
Renumber sections to conform.
Amend title to conform.